On December 9, 2022, Governor Kathy Hochul signed into law an amendment to NY State Labor Law Section 206-C that expands workplace protections for nursing employees, effective June 7, 2023. Of note, the legislation required the NY Department of Labor (NY DOL) to develop and implement a policy (“The Rights of Employees to Express Breast Milk in the Workplace”) for employers to provide to their employees which notifies them of their rights under the law. The model policy is now available on the NY DOL’s website and may be downloaded by clicking here. For additional details on the the amendments, refer to this prior post from HR Works.
Next Steps for Employers
Under the law, employers are required to provide the policy to employees at hire, when an employee returns from leave due to childbirth, and annually. Employers who opt to update an existing policy should refer to the state’s model policy to ensure that their policy includes those items that are covered in the NY DOL’s version.
Current HR Works clients will be provided with an updated handbook policy as part of our 2024 legal updates. In the interim, it is recommended that the model policy be provided to employees as a standalone document. HR Works clients may also reach out to the Virtual Helpline or their HR Strategic Partner for additional information on this law.
Additionally, the NY DOL has additional compliance resources, including frequently asked questions on its DOL landing page, “Breast Milk Expression in the Workplace” to further assist employers with their compliance obligations.
